IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160012087 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160012087 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________x_______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160012087 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Purple Heart. 2. The applicant states: a. He was never awarded the Purple Heart for combat-related wounds he received while serving in Vietnam from August 1966 to August 1967, with the 86th Engineer Battalion (Combat). These wounds were received during Operation Cedar Falls (Iron Triangle) when his battalion was assigned to the 1st Infantry Division at Phu Loi for combat support missions. His unit came under attack during the Cedar Falls operation to search and destroy the Viet Cong and North Vietnamese Army supply bases and tunnel systems. After the attack ended, he received treatment from the field medic for the removal of metal shards and dirt. Later that day, he was air evacuated to his unit's base at Phu Loi for additional treatment in a cleaner environment. He had no luck in finding his medical records. b. After his separation from active duty, he was hired as a police officer and attended the police academy. He served for 21 years as a police officer and retired in 1991. He finally located an individual who served with him and who witnessed his injuries during Operation Cedar Falls in Vietnam. 3. The applicant provides: * a Letter of Appreciation * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Honorable Discharge Certificate * a letter of support CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 2. The applicant enlisted in the Regular Army on 2 November 1965. 3. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Items 31 (Foreign Service) and 35 (Record of Assignments) show he served in Vietnam from 27 September 1966 to 31 August 1967 and he was assigned to the 86th Engineer Battalion (Combat) from 27 September 1966 to 29 August 1967. b. Item 40 (Wounds) shows no entry to indicate he was wonder/injured as a result of enemy action. c. Item 41(Awards and Decoration) shows no entry for the Purple Heart. 4. He provides a copy of a Letter of Appreciation, dated 29 August 1967, wherein he was commended for a job well done during his tour in Vietnam. 5. He was honorably released from active duty on 1 November 1968. His DD Form 214 shows he completed 3 years of active service, which included 11 months and 3 days of foreign service. His DD Form 214 also shows he was awarded and authorized the: * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with 1960 Device * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Letter of Commendation 6. His record is void of any orders, or other documents that indicate he was awarded the Purple Heart by proper authority while serving on active duty. It also contains no medical treatment records that indicate he was treated for a combat related wound or injury during his service in Vietnam. 7. His records contain documentation wherein the U.S. Army Military Personnel Center, Alexandria, VA, advised him on 31 March 1987, a search of his records failed to show that he wounded as a result of enemy action. Therefore, there was no authority whereby he could be issued the Purple Heart. 8. A review of the Vietnam Casualty Roster failed to reveal an entry pertaining to the applicant. 9. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant. 10. On 17 September 2004, the National Archives and Records Administration, issued a DD Form 215 (Correction to DD Form 214) adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Meritorious Unit Commendation to his DD Form 214. 11. He also provides an undated letter wherein an individual stated he served with the applicant during their assignment to the 86th Engineer Battalion in Vietnam. In January 1967, while serving with the 1st Infantry Division, performing area clearing and searching for Viet Cong tunnels and supplies, they were attacked by enemy mortars and rockets. As they were taking cover, he noticed that the applicant was wounded by shrapnel and was bleeding from his face and neck area. After the attack eased up, they took the applicant to the medic's area for treatment. Later that day, the applicant was air evacuated back to their base in Phi Loi with the other wounded. The applicant sustained wounds from enemy action and he supported the applicant's request for award of the Purple Heart. REFERENCE: Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the Purple Heart. It states, in order to award a Purple Heart there must be evidence that a member was wounded or injured as a result of enemy action. The wound or injury for which the Purple Heart is being awarded must have required treatment by a medical officer and this treatment must be supported by medical treatment records that were made a matter of official record. An example of injuries or wounds which clearly do not justify award of the Purple Heart are accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. DISCUSSION: 1. By regulation, in order to support award of the Purple Heart there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound was treated by military medical personnel, and a record of this medical treatment must have been made a matter of official record. Injuries or wounds due to accident, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action, do not justify award of the Purple Heart. 2. The statement the applicant provided from a fellow Soldier are noted. However, the evidence in his military record is void of orders or any other documents that indicate he was awarded the Purple Heart by proper authority while serving in Vietnam. 3. His record is also void of medical treatment records showing that he was treated for a combat-related wound or injury while serving in Vietnam. Further, item 40 of his DA Form 20 contains no entry that indicated he was ever wounded/injured in action and item 41 of this form does not list the Purple Heart. Additionally, his name is not listed on the Vietnam Casualty Roster and a review of ADCARS failed to reveal any orders awarding him the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012087 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012087 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2